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Sarah Abrams

On September 19, 2025, the White House issued an Executive Order entitled “Restriction on Entry of Nonimmigrant Workers” (here), which placed new restrictions, costs, and conditions on H-1B visas. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the new H-1B visa provisions and considers the potential implications for D&O risk exposure. I would like to thank Sarah for allowing me to publish her article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to the site’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s article.Continue Reading Guest Post: H-1B Visa D&O Problem?

For those who, like me, watch bankruptcy filing developments for signs about the current and possible future state of the economy, recent data may be worrisome. Just Monday, the Wall Street Journal cited two recent auto parts companies’ bankruptcy filings as evidence of potential trouble in the U.S. credit markets, saying the developments and raising concerns that “something more profound is ailing American borrowers.” Consistent with these concerns, a recent report from Cornerstone Research shows that large company bankruptcy filings are indeed trending upward, with the largest increases in the most recent period. Signs are that these trends will continue going forward, as well.Continue Reading Worrying Signs in Bankruptcy Statistics?

As noted in @Sarah Abrams’s recent guest post (here), President Trump last week proposed in a social media post changing the periodic reporting requirements for public companies from quarterly to semi-annual. Based on a separate interview of SEC Chair Paul Atkins published last week, it appears that the agency is prepared to move forward quickly with this proposal. We can expect to hear a lot of debate in the coming days about whether the proposed changed reporting requirements are a good idea. The Wall Street Journal had an interesting article on Saturday about the proposed change, clearly coming down on the side that the proposed change is not a good idea. As discussed below, the article also had some interesting information and comparisons that will add to the discussion about the proposal.Continue Reading All the Problems with Eliminating Quarterly Reporting

The idea that companies might be able to avoid securities class action litigation through the adoption of bylaws requiring securities law claims to be submitted to arbitration has been around for years.

Traditionally, the SEC has opposed these types of bylaw provisions. However, in an interesting development, on September 17, 2025, the Commission, in a new policy statement approved by a 3-1 vote along party lines, announced that the decision whether or not to “accelerate the effectiveness of a registration statement” will “not be affected” by the presence of provision requiring the arbitration of investor claims arising under the federal securities laws.

This development suggests that in the future IPO investors could find themselves compelled to arbitrate securities law claims rather than being able to file a securities class action, although, as noted below, there is a lot more that is yet to be told on these issues.Continue Reading SEC Revises Policy on Arbitration Provisions in IPO Companies’ Bylaws

In my recent roundup of the top current stories in the world of D&O, I noted the increasing importance of geopolitical issues as a source of D&O claims risk. Among the factors supporting this trend is the rising relevance of cross-border enforcement initiatives, which in many instances had led to D&O claims. In the latest sign of the importance of cross-border enforcement issues, the SEC has announced the formation of a cross-border task force to “identify and combat cross-border fraud harming U.S. investors.” The SEC’s September 5, 2025, press release about the task force can be found here.  A September 10, 2025, post on TheCorporateCounsel.net blog about the new task force’s formation can be found here.Continue Reading SEC Forms Task Force to Combat Cross-Border Fraud

Sarah Abrams

In the following guest post, Sarah Abrams takes a look at a recent settlement of a securities class action lawsuit in which the plaintiffs alleged that the defendant company had failed to disclose its use in its haircare products of certain banned chemicals, and then considers whether the current Make America Health Again initiatives could expose companies to future claims that they allegedly failed to disclose their continued use of banned chemicals. I would like to thank Sarah for allowing me to publish her article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s article.Continue Reading Guest Post: If Looks Could Kill

Since the outset of President Trump’s efforts to conduct trade policy through an active use of tariffs, I have been concerned about the possibility of tariff-related corporate and securities litigation. Inevitably, I have been concerned, investors will say that companies tried to soft-pedal the likely impact of tariffs on the companies’ financial results. But while…

Sarah Abrams

In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at President Trump’s recent Executive Order designed to expand the investment options available in 401(k) and other defined-contribution retirement plans, and considers the Order’s potential implications for ERISA liability and insurance. I would like to thank Sarah for allowing me to publish her article as a guest post on this site. I welcome guest post contributions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s article.Continue Reading Guest Post: Will I Ever Retire?

Regular readers undoubtedly have noticed that I have been writing a lot lately about the False Claims Act (FCA). That is because the Trump Administration has decided to deploy the FCA as one of its principal legal tools to enforce and advance its policy objectives. Insurers wondering what the administration’s enforcement approach may mean for their claims portfolios may want to take a look at the securities class action lawsuit recently filed against online insurance broker SelectQuote. The company, whom the DOJ sued in May in a False Claims Act suit alleging the company received “illegal kickbacks” from insurers, has now been hit with a follow-on securities suit relating to the FCA allegations. As discussed below, the new follow-on lawsuit suggests that D&O insurers will want to consider the implications of the administration’s active deployment of the FCA as an enforcement tool. A copy of the August 11, 2025, lawsuit against SelectQuote can be found here.Continue Reading False Claims Act Defendant Hit with Follow-On Securities Suit